ICC No .657
Paperback + CD ROM
8 1/4 inches x 11 1/2 inches
2004 Edition
83 pages
This title in the series of ICC model contracts prepared by the Commission on Commercial Law and Practice (CLP) covers a particular category of distribution agreements.
Selective distribution agreements allow the exporter to better control the way his products are marketed by creating a direct link between the exporter and the retailers who sell his products to the final consumer. This ICC model contract provides a sound legal basis upon which parties can quickly establish an even-handed agreement acceptable to both sides. It saves ressources for companies and their legal advisers.
This ICC model contracts takes account of all these specifics and contains enough flexibility for the parties to work out special situations for themselves.
For more information, please read the following Press Release:
New ICC Model Contract Puts Exporters in Driver's Seat
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Press Release
Paris, February 1, 2005
Selective distribution contracts enable exporters to lay down selection criteria for potential final retailers. They create a direct link between the exporter and the retailer and are one of the possible means for exporters to have tighter control over the waqy their products are marketed.
Available now from the Business Bookstore, the ICC model provides businesses and their legal advisors with an effectual resource for the marketing of products through a network of qualified retailers.
The user-friendly model contract provides a sound legal basis upon which parties can quickly establish an even-handed agreement acceptable to both sides, and includes a CD-ROM to enable the effortless management of the text.
Contents of the contract include:
- Terms of the ICC Model Selective Distributorship Contract
- Scope of the Contract
- Selection criteria
- Distributor's minimum purchase obligation
- Supplier's general conditions of sale
- After-sale service
- Stocks
The ICC Model Selective Distributorship Contract was drafted by ICC's Commercial Law and Practice (CLP) Commission and in particular, its Task Force on Agency and Distributorship, chaired by Professor Fabio Bortolotti, Partner of Buffa, Bortolotti & Mathis Associati (Italy) and Professor Didier Ferrier (France)
Table of Contents
Foreword
PART I
Introduction
PART II
ICC Model Selective Distribution Contract
1. Scope of the Contract
2. Good faith and fair dealing
3. Modification of the range of Products
4. Legal status of the Distributor
5. Distributor’s obligation to purchase
6. Conditions of supply - Prices
7. Information
8. Marketing of the Products
9. Resale of the Products
10. Assistance and training
11. After-sales service
12. Stock of Products
13. Presentation of the Products
14. Intellectual property rights
15. Inspections
16. Confidentiality
17. Assignment and transfer of the Contract
18. Duration
19. Earlier termination
20. Effects of termination
21. Previous agreements - Modifications - Nullity
22. No waiver
23. Applicable law
24. Resolution of disputes
25. Automatic inclusion under the present contract
26. Authentic text
Annex 1
Scope of the contract
1-A Contractual Products
1-B Authorized Sales Outlet
Annex 2
Selection Criteria
Annex 3
Distributor’s minimum purchase obligation
Annex 4
Supplier's general conditions of sale
Annex 5
After sale service
Annex 6
Stocks
Appendix 1
EC Regulation 2790/1999 of
22 December 1999
Appendix 2
Unidroit Principles of International Commercial Contracts
Preface
Selective distributorship agreements allow the exporter to better control the way his products are marketed by creating a direct link between the exporter and the retailers who sell his products to the final consumer. This ICC model contract provides a sound legal basis upon which parties can quickly establish an even-handed agreement acceptable to both sides.
In order to assist business people engaged in international trade (and the lawyers aiding them in drafting and negotiating contracts), ICC has prepared this model form of international selective distributorship contract.
The publication is the result of extensive discussion and commentary by the ICC's Commercial Law and Practice (CLP) Commission and particularly by its Task Force on Agency and Distributorship, chaired by Professor Fabio Bortolotti, Partner of Buffa, Bortolotti & Mathis Associati (Italy) and Professor Didier Ferrier (France).